The New Mexico Public Defender's Office said in a legislative hearing Tuesday that it may soon have to start declining criminal cases if it doesn't get properly funded to meet growing caseloads.

The Public Defender's Office has underscored its lack of funding for years, and today it acknowledged that it's at a tipping point.

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In budget documents, officials say they're dealing with a shortage of attorneys and support staff which results in, "many indigent clients in the state not receiving effective assistance of counsel."

They add that in almost every county in New Mexico, "defenders cannot represent clients at arraignments and felony first appearances."

Those officials also said that many indigent defendants are not even represented during grand jury proceedings.

The office is working with a $49 million budget according to budget documents, and is asking for nearly $5 million more in emergency funds for the next fiscal year to help fund 125 additional attorneys and 62 additional support staff positions.

In budget documents, officials said that if the Public Defender's Office isn't adequately funded then the state can expect the office to begin declining requests to represent indigent clients across New Mexico.

That, according to Public Defender Commission member Ahmad Assed, could bring disastrous consequences.

"We are mandated by law to appropriately represent these people in a court of law," Assed said. "If we cannot do that, this system is going to fall apart."

Assed says that if the Public Defender's Office declines to take a case, under law that case could be dismissed.

Meaning potentially hundreds charged with crimes could walk free, all because they can't be provided an attorney by the State of New Mexico.

"The court cannot allow for prosecutions of people who can't effectively be represented," Assed said.

"It's time to put our money where our mouth is, where our constitutional protections are, where our mandate is, and end this crisis."

The Public Defender's Office employs 200 public defenders and 150 contracted defense lawyers. It also handles an estimated 70,000 cases per year.